98-1250. Hazardous Waste Management Program: Incorporation by Reference of Approved State Hazardous Waste Program for Florida  

  • [Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
    [Rules and Regulations]
    [Pages 2896-2900]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-1250]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 272
    
    [FRL-5948-1]
    
    
    Hazardous Waste Management Program: Incorporation by Reference of 
    Approved State Hazardous Waste Program for Florida
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Immediate final rule.
    
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    SUMMARY: Under the Resource Conservation and Recovery Act of 1976, as 
    amended (RCRA), the United States Environmental Protection Agency (EPA) 
    may grant Final Authorization to States to operate their hazardous 
    waste management programs in lieu of the Federal program. EPA uses Part 
    272 of Title 40 Code of Federal Regulations (CFR) to provide notice of 
    the authorization status of State programs, and to incorporate by 
    reference those provisions of the State statutes and regulations that 
    EPA will enforce under RCRA Sections 3008, 3013 and 7003. Thus, EPA 
    intends to codify Florida's authorized State program in 40 CFR Part 
    272. The purpose of this action is to incorporate by reference EPA's 
    approval of Florida's base hazardous waste program and its revisions to 
    that program.
    
    DATES: This document will be effective March 23, 1998 unless EPA 
    publishes a prior Federal Register (FR) action withdrawing this 
    immediate final rule. All comments on this action must be received by 
    the close of business February 19, 1998. The incorporation by reference 
    of certain Florida statutes and regulations was approved by the 
    Director of the Federal Register as of March 23, 1998 in accordance 
    with 5 U.S.C. 552(a) and 1 CFR Part 51.
    
    ADDRESSES: Written comments should be sent to Narindar Kumar, RCRA 
    Programs Branch, Waste Division, Environmental Protection Agency, 
    Atlanta Federal Center, 61 Forsyth Street, Atlanta, Georgia 30303. 
    Telephone number is 404-562-8440.
    
    FOR FURTHER INFORMATION CONTACT: Narindar Kumar, RCRA Programs Branch, 
    Waste Division, Environmental Protection Agency, Atlanta Federal 
    Center, 61 Forsyth Street, Atlanta, Georgia 30303. Telephone number is 
    404-562-8440.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Section 3006 of RCRA 42 U.S.C. 6926 et seq., allows the EPA to 
    authorize State hazardous waste programs to operate in the State in 
    lieu of the Federal hazardous waste program. The purpose of today's 
    Federal Register document is to incorporate by reference EPA's approval 
    of Florida's base hazardous waste management program and its twelve 
    revisions to that program.
        On January 29, 1985, EPA published a Federal Register notice 
    announcing its decision to grant final authorization for the RCRA base 
    program to the State of Florida (see 50 FR 3908). Effective January 30, 
    1988 (52 FR 45634); October 30, 1988 (53 FR 34759); January 3, 1989 (53 
    FR 50529); February 12, 1991 (55 FR 51416); April 6, 1992 (57 FR 4370 
    and 57 FR 4371); April 7, 1992 (57 FR 4738); July 20, 1992 (57 FR 
    21351); January 10, 1994 (58 FR 59367); September 9, 1994 (59 FR 
    35266); October 17, 1994 (59 FR 41979); December 27, 1994 (59 FR 
    53753); and June 2, 1997 (62 FR 15407), EPA granted Florida additional 
    authorization.
        On January 29, 1989, Florida transferred Parts I, II, III, IV and V 
    of Chapter 17-30 F.A.C. to a new rule, Chapter 17-730 F.A.C. The 
    Chapter entitled Hazardous Waste remained the same.
        EPA provides both notice of its approval of State programs in 40 
    CFR Part 272 and incorporates by reference therein the State statutes 
    and regulations that EPA will enforce under Sections 3008, 3013 and 
    7003 of RCRA. This effort will provide clearer notice to the public of 
    the scope of the authorized program in Florida. Such notice is 
    particularly important in light of the Hazardous and Solid Waste Act 
    Amendments of 1984 (HSWA), Public Law 98-616. Revisions to State 
    hazardous waste programs are necessary when Federal statutory or 
    regulatory authority is modified. Because HSWA extensively amended 
    RCRA, State programs must be modified to reflect those amendments. By 
    incorporating by reference the authorized Florida program and by 
    amending the Code of Federal Regulations whenever a new or different 
    set of requirements is authorized in Florida, the status of Federally 
    approved requirements of the Florida program will be readily 
    discernible.
        The Agency will only enforce those provisions of the Florida 
    hazardous waste management program for which authorization approval has 
    been granted by EPA. This document incorporates by reference provisions 
    of State hazardous waste statutes and regulations and clarifies which 
    of these provisions are included in the authorized and Federally 
    enforceable program. Concerning HSWA, some State requirements may be 
    similar to HSWA requirements that are in effect under Federal statutory 
    authority in that State. However, a State's HSWA-type requirements are 
    not authorized and will not be codified into the CFR until the Regional 
    Administrator publishes his final decision to authorize the State for 
    specific HSWA requirements. Until such time, EPA will enforce the HSWA 
    requirements and not the State analogues.
    
    Florida's Authorized Hazardous Waste Program
    
        To incorporate by reference the Florida authorized hazardous waste 
    program, EPA intends to add Subpart K to 40 CFR Part 272. The State 
    statutes and regulations are incorporated by reference at 40 CFR 
    272.501(b)(1) and the Memorandum of Agreement, the Attorney General's 
    Statement and the Program Description are referenced at 40 CFR 
    271.501(b)(5), (b)(6) and (b)(7), respectively.
        The Agency retains the authority under Sections 3007, 3008, 3013 
    and 7003 of RCRA to undertake enforcement actions in authorized States. 
    With respect to such an enforcement action, the Agency will rely on 
    Federal sanctions, Federal inspection authorities, and the Federal
    
    [[Page 2897]]
    
    Administrative Procedure Act rather than the authorized State analogues 
    to these requirements. Therefore, the Agency does not intend to 
    incorporate by reference for purposes of enforcement such particular, 
    authorized Florida enforcement authorities. Section 272.501(b)(2) of 40 
    CFR lists those authorized Florida authorities that are part of the 
    authorized program but are not incorporated by reference.
        The public also needs to be aware that some provisions of the 
    State's hazardous waste management program are not part of the 
    Federally authorized State program. These non-authorized provisions 
    include:
        (1) Provisions that are not part of the RCRA Subtitle C program 
    because they are ``broader in scope'' than RCRA Subtitle C (see 40 CFR 
    271.1(i));
        (2) Federal rules for which Florida is not authorized, but which 
    have been incorporated into the State regulations because of the way 
    the State adopted Federal regulations by reference;
        (3) Unauthorized amendments to State provisions previously reviewed 
    and approved by EPA.
        State provisions which are ``broader in scope'' than the Federal 
    program are not incorporated by reference for purposes of enforcement 
    in 40 CFR 272. Section 272.501(b)(3) of 40 CFR lists for reference and 
    clarity the Florida statutory and regulatory provisions which are 
    ``broader in scope'' than the Federal program and which are not, 
    therefore, part of the authorized program being incorporated by 
    reference. ``Broader in scope'' provisions will not be enforced by EPA; 
    the State, however, will continue to enforce such provisions.
        Florida has adopted but is not authorized for the corrective action 
    portion of the HSWA Codification Rule published on July 15, 1985 (50 FR 
    28702); the Corrective Action portions (for injection wells and for 
    corrective action beyond the facility boundary) and the permit 
    modification portion of the HSWA Codification Rule 2 published on 
    December 1, 1987 (52 FR 45788); Burning of Hazardous Waste in Boilers 
    and Industrial Furnaces rules published on February 12, 1991, July 1, 
    1991, August 27, 1991, August 25, 1992, and September 30, 1992 (56 FR 
    7134, 56 FR 32688, 56 FR 42504, 57 FR 38558, and 57 FR 44999, 
    respectively); the Coke Ovens Administrative Stay rule published on 
    September 5, 1991 (56 FR 43874); the Recycled Coke By-Product Exclusion 
    rule published on June 22, 1992 (57 FR 27880); amendments to 40 CFR 
    Parts 260, 261, 264, 265, and 266 relative to Recycled Used Oil 
    Management Standards rules published on September 10, 1992 and May 3, 
    1993 (57 FR 41566 and 58 FR 26420, respectively); and the Corrective 
    Action Management Units and Temporary Units rule published on February 
    16, 1993 (58 FR 8658). Therefore, these Federal rules which are 
    included in the Florida Administrative Code (F.A.C.), effective 
    September 7, 1995, Sections 62-730.020(1), 62-730.030(1), 62-
    730.180(1), 62-730.180(2), 62-730.181, 62-730.183 and 62-730.220(3) are 
    not federally enforceable.
        Since EPA cannot enforce a State's requirements which have not been 
    reviewed and approved according to the Agency's authorization 
    standards, it is important that EPA clarify any limitations on the 
    scope of a State's approved hazardous waste program. Thus, in those 
    instances where a State's method of adopting Federal law by reference 
    has the effect of including unauthorized requirements, EPA will provide 
    this clarification by: (1) incorporating by reference the relevant 
    State legal authorities according to the requirements of the Office of 
    Federal Register; and (2) subsequently identifying in 272.501(b)(4) any 
    requirements which while adopted and incorporated by reference, are not 
    authorized by EPA, and therefore are not Federally enforceable. Thus, 
    notwithstanding the language in the Florida hazardous waste regulations 
    incorporated by reference at 272.501(b)(1), EPA would only enforce the 
    State provisions that are actually authorized by EPA. With respect to 
    HSWA requirements for which the State has not yet been authorized, EPA 
    will continue to enforce the Federal HSWA standards until the State 
    receives specific HSWA authorization from EPA.
    
    HSWA Provisions
    
        As noted above, the Agency is not amending 40 CFR Part 272 to 
    include HSWA requirements and prohibitions that are immediately 
    effective in Florida and other States. Section 3006(g) of RCRA provides 
    that any requirement or prohibition of HSWA (including implementing 
    regulations) takes effect in authorized States at the same time that it 
    takes effect in non-authorized States. Thus, EPA has immediate 
    authority to implement a HSWA requirement or prohibition once it is 
    effective. A HSWA requirement or prohibition supersedes any less 
    stringent or inconsistent State provision which may have been 
    previously authorized by EPA (See 50 FR 28702, July 15, 1985).
        Because of the vast number of HSWA statutory and regulatory 
    requirements taking effect over the next few years, EPA expects that 
    many previously authorized and incorporated by reference State 
    provisions will be affected. The States are required to revise their 
    programs to adopt the HSWA requirements and prohibitions by the 
    deadlines set forth in 40 CFR 271.21, and then to seek authorization 
    for those revisions pursuant to 40 CFR Part 271. EPA expects that the 
    States will be modifying their programs substantially and repeatedly. 
    Instead of amending the 40 CFR Part 272 every time a new HSWA provision 
    takes effect under the authority of RCRA Section 3006(g), EPA will wait 
    until the State receives authorization for its analog to the new HSWA 
    provision before amending the State's 40 CFR Part 272 incorporation by 
    reference. In the interim, persons wanting to know whether a HSWA 
    requirement or prohibition is in effect should refer to 40 CFR 
    271.1(j), as amended, which lists each such provision.
        The incorporation by reference of State authorized programs in the 
    CFR should substantially enhance the public's ability to discern the 
    current status of the authorized State program and clarify the extent 
    of Federal enforcement authority. This will be particularly true as 
    more State program revisions to adopt HSWA provisions are authorized.
    
    Unfunded Mandates Reform Act
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
    L. 104-4, establishes requirements for Federal agencies to assess the 
    effects of certain regulatory actions on State, local, and tribal 
    governments and the private sector. Under Sections 202 and 205 of the 
    UMRA, EPA generally must prepare a written statement of economic and 
    regulatory alternatives analyses for proposed and final rules with 
    Federal mandates, as defined by the UMRA, that may result in 
    expenditures to State, local, and tribal governments, in the aggregate, 
    or to the private sector, of $100 million or more in any one year. The 
    Sections 202 and 205 requirements do not apply to today's action 
    because it is not a ``Federal mandate'' and because it does not impose 
    annual costs of $100 million or more.
        Today's rule contains no Federal mandates for State, local or 
    tribal governments or the private sector for two reasons. First, 
    today's action does not impose new or additional enforceable duties on 
    any State, local or tribal governments or the private sector because it 
    merely makes federally enforceable existing requirements with which 
    regulated entities must already comply under State law. Second, the
    
    [[Page 2898]]
    
    Act also generally excludes from the definition of a ``Federal 
    mandate'' duties that arise from participation in a voluntary Federal 
    program. The requirements being codified today are the result of 
    Florida's voluntary participation in accordance with RCRA Subtitle C.
        Even if today's rule did contain a Federal mandate, this rule will 
    not result in annual expenditures of $100 million or more for State, 
    local, and/or tribal governments in the aggregate, or the private 
    sector because today's action merely codifies an existing State program 
    that EPA previously authorized. Thus, today's rule is not subject to 
    the requirements of Sections 202 and 205 of the UMRA.
        The requirements of Section 203 of UMRA also do not apply to 
    today's action. Before EPA establishes any regulatory requirements that 
    may significantly or uniquely affect small governments, including 
    tribal governments, Section 203 of UMRA requires EPA to develop a small 
    government agency plan. This rule contains no regulatory requirements 
    that might significantly or uniquely affect small governments. The 
    Agency recognizes that although small governments may be hazardous 
    waste generators, transporters, or own and/or operate TSDFs, this 
    codification incorporates into the Code of Federal Regulations 
    Florida's requirements which have already been authorized by EPA under 
    40 CFR Part 271 and, thus, small governments are not subject to any 
    additional significant or unique requirements by virtue of this 
    codification.
    
    Certification Under the Regulatory Flexibility Act
    
        EPA has determined that this codification will not have a 
    significant economic impact on a substantial number of small entities. 
    Such small entities which are hazardous waste generators, transporters, 
    or which own and/or operate TSDFs are already subject to the State 
    requirements authorized by EPA under 40 CFR Part 271. EPA's 
    codification does not impose any additional burdens on these small 
    entities. This is because EPA's codification would simply result in an 
    administrative change, rather than a change in the substantive 
    requirements imposed on small entities.
        Therefore, EPA provides the following certification under the 
    Regulatory Flexibility Act, as amended by the Small Business Regulatory 
    Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b), 
    I hereby certify that this codification will not have a significant 
    economic impact on a substantial number of small entities. This 
    codification incorporates ``State's'' requirements which have been 
    authorized by EPA under 40 CFR Part 271 into the Code of Federal 
    Regulations. It does not impose any new burdens on small entities. This 
    rule, therefore, does not require a regulatory flexibility analysis.
    
    Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
    containing this rule and other required information to the U.S. Senate, 
    the U.S. House of Representatives, and the Comptroller General of the 
    General Accounting Office prior to publication of the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    Compliance With Executive Order 12866
    
        The Office of Management and Budget has exempted this rule from the 
    requirements of Section 6 of Executive Order 12866.
    
    Paperwork Reduction Act
    
        Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
    agencies must consider the paperwork burden imposed by any information 
    request contained in a proposed rule or a final rule. This rule will 
    not impose any information requirements upon the regulated community.
    
    List of Subjects in 40 CFR Part 272
    
        Environmental protection, Administrative practice and procedure, 
    Confidential business information, Hazardous waste transportation, 
    Hazardous waste, Incorporation by reference, Indian lands, 
    Intergovernmental relations, Penalties, Reporting and recordkeeping 
    requirements, Water pollution control, Water supply.
    
        Dated: December 30, 1997.
    Phyllis Harris,
    Acting Regional Administrator, Region IV.
    
        For the reasons set forth in the preamble, 40 CFR Part 272 is 
    amended as follows:
    
    PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
    
        1. The authority citation for Part 272 continues to read as 
    follows:
    
        Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
    Disposal Act, as amended by the Resource Conservation and Recovery 
    Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
    
        2. Subpart K is amended by adding Sec. 272.501 to read as follows:
    
    
    Sec. 272.501  Florida State-Administered Program: Final Authorization.
    
        (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Florida 
    has final authorization for the following elements as submitted to EPA 
    in Florida's base program application for final authorizations which 
    was approved by EPA effective on February 12, 1985. Subsequent program 
    revision applications were approved and effective January 30, 1988; 
    October 30, 1988; January 3, 1989; February 12, 1991; April 6, 1992; 
    April 7, 1992; July 20, 1992; January 10, 1994; September 9, 1994; 
    October 17, 1994; December 27, 1994; and June 2, 1997.
        (b) State Statutes and Regulations. (1) The Florida statutes and 
    regulations cited in this paragraph are incorporated by reference as 
    part of the hazardous waste management program under Subtitle C of 
    RCRA, 42 U.S.C. 6921 et seq.
        (i) EPA Approved Florida's Statutory Requirements Applicable to the 
    Hazardous Waste Management Program, dated December 1997.
        (ii) EPA Approved Florida's Regulatory Requirements Applicable to 
    the Hazardous Waste Management Program, dated December 1997.
        (2) The following statutes and regulations concerning State 
    procedures and enforcement, although not incorporated by reference, are 
    part of the authorized State program:
        (i) Florida Statutes, 1993, Chapter 119: 119.01; 119.011; 119.0115 
    through 119.031; 119.041; 119.05; 119.06; 119.07(1), (2), (3)(a)-(j), 
    (3)(k)(1) first sentence, (3)(l)-(u), (4), (5), and (8); 119.072; 
    119.08(1)(a), (2) and (3); 119.085; 119.09; 119.092; 119.10; and 119.11 
    through 119.14.
        (ii) Florida Statutes, 1993, Chapter 120: 120.53; 120.57; 120.59; 
    120.68; and 120.69.
        (iii) Florida Statutes, 1993, Chapter 403: 403.021(1)-(9); 
    403.051(1) and (2); 403.061(21); 403.087(1) second and third sentences, 
    (2)-(4), and (8); 403.0875; 403.091; 403.121; 403.131; 403.141(1) and 
    (2); 403.151; 403.161; 403.201(1)-(3); 403.412; 403.702; 403.703(1); 
    403.704 (except (8), (11), (20)-(23), (25), and (31)); 403.721(1); 
    403.721(2)-(4) (except (4)(a)); 403.721(5); 403.721(6)(a)-(g), (j), 
    (k); 403.721(7); 403.722(7) and (9)-(11); 403.7222(3); 403.724(3)-(6); 
    403.726 (except 403.726(3)); 403.73; 403.7545; 403.8055; and 403.814.
    
    [[Page 2899]]
    
        (iv) Florida Statutes, 1994 Supplement to 1993, Chapter 403: 
    403.061(14); 403.088; 403.707; 403.722(12); 403.7222(3); and 403.727.
        (v) Florida Administrative Code, Chapter 62-4, effective July 4, 
    1995: 62-4.050(1)-(3); 62-4.070(4); and 62-4.070(5).
        (vi) Florida Administrative Code, Chapter 62-103, effective October 
    20, 1996: 62-103.150; and 62-103.155.
        (vii) Florida Administrative Code, Chapter 62-730, effective 
    September 7, 1995: 62-730.020(2); 62-730.184; 62-730.200(3); 62-
    730.220(4); 62-730.220(9); 62-730.231(10); 62-730.240(3); and 62-
    730.310.
        (3) The following statutory and regulatory provisions are broader 
    in scope than the Federal program, are not part of the authorized 
    program, and are not codified herein for enforcement purposes.
        (i) Florida Statutes, 1993, Chapter 403: 403.087(5); 403.201(4) 
    (only the phrase ``may require by rule a processing fee for and''); 
    403.704(8); 403.721(4)(a); 403.7215(1)-(4); 403.722(8); 403.723; 
    403.724(7); 403.754(1)-(7); 403.767(1)-(3)(c); 403.78 through 403.7893; 
    and 403.7895.
        (ii) Florida Administrative Code, Chapter 62-4, effective July 4, 
    1995: 17-4.050(4)(k), (n)-(p), (r) and (s)-(x); 62-4.050(5)-(7).
        (iii) Florida Administrative Code, Chapter 62-730, effective 
    September 7, 1995: 62-730.170(2) and (3);62-730.180(10); 62-730.290 
    (only the phrase ``and submittal of the appropriate permit modification 
    fee'').
        (4) Unauthorized State Provisions. The State's adoption of the 
    following Federal rules is not approved by EPA and are, therefore, not 
    enforceable:
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                                         Publication
               Federal requirement                            Federal Register reference                     date   
    ----------------------------------------------------------------------------------------------------------------
    HSWA Codification Rule: Corrective        50 FR 28702..............................................      7/15/85
     Action (Checklist 17 L).                                                                                       
    HSWA Codification Rule 2: Corrective      52 FR 45788..............................................      12/1/87
     Action Beyond Facility Boundary                                                                                
     (Checklist 44 B); Corrective Action for                                                                        
     Injection Wells (Checklist 44 C); and                                                                          
     Permit Modification (Checklist 44 D).                                                                          
    Burning of Hazardous Waste in Boilers     56 FR 7134...............................................      2/12/91
     and Industrial Furnaces (Checklist 85).                                                                        
    Burning of Hazardous Waste in Boilers     56 FR 32688..............................................       7/1/91
     and Industrial Furnaces; Corrections                                                                           
     and Technical Amendments I (Checklist                                                                          
     94).                                                                                                           
    Burning of Hazardous Waste in Boilers     56 FR 42504..............................................      8/27/91
     and Industrial Furnaces; Technical                                                                             
     Amendments II (Checklist 96).                                                                                  
    Coke Ovens Administrative Stay            56 FR 43874..............................................       9/5/91
     (Checklist 98).                                                                                                
    Recycled Coke By-Product Exclusion        57 FR 27880..............................................      6/22/92
     (Checklist 105).                                                                                               
    Burning Hazardous Waste in Boilers and    57 FR 38558..............................................      8/25/92
     Industrial Furnaces; Technical                                                                                 
     Amendment III (Checklist 111).                                                                                 
    Recycled Used Oil Management Standards    57 FR 41566: Amendments to 40 CFR Parts 260, 261, and 266      9/10/92
     (Checklist 112).                                                                                               
    Burning of Hazardous Waste in Boilers     57 FR 44999..............................................      9/30/92
     and Industrial Furnaces; Technical                                                                             
     Amendment IV (Checklist 114).                                                                                  
    Corrective Action Management Units and    58 FR 8658...............................................      2/16/93
     Temporary Units (Checklist 121).                                                                               
    Recycled Used Oil Management Standards;   58 FR 26420: Amendments to 40 CFR Parts 261, 264, and 265       5/3/93
     Technical Amendments and Corrections I                                                                         
     (Checklist 122).                                                                                               
    ----------------------------------------------------------------------------------------------------------------
    
        (5) Memorandum of Agreement. The Memorandum of Agreement between 
    EPA Region IV and the Florida Department of Environmental Protection, 
    signed by the EPA Regional Administrator on October 23, 1993, as 
    amended on November 28, 1994, and on December 9, 1994, is referenced as 
    part of the authorized hazardous waste management program under 
    Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
        (6) Statement of Legal Authority. ``Attorney General's Statement 
    for Final Authorization'' certifications signed by the General Counsel 
    of Florida on June 21, 1984; March 12, 1987; June 16, 1988; February 
    21, 1989; May 30, 1989; June 13, 1990; May 28, 1991; October 9, 1991; 
    July 14, 1992; September 24, 1993; December 20, 1993; February 27, 
    1994; January 25, 1996; and May 20, 1996, is referenced as part of the 
    authorized hazardous waste management program under Subtitle C of RCRA, 
    42 U.S.C. 6921.
        (7) Program Description. The Program Description and any other 
    materials submitted as part of the original application, or as 
    supplements thereto, are referenced as part of the authorized hazardous 
    waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
    seq.
        3. Appendix A to Part 272 is amended by adding in alphabetical 
    order, ``Florida'' and its listing to read as follows:
    
    Appendix A to Part 272--State Requirements
    
    * * * * *
    
    Florida
    
        The statutory provisions include:
        Florida Statutes, 1991, Chapter 1: 1.01 (1) and (2).
        Florida Statutes, 1993, Chapter 403: 403.031 introductory 
    paragraph; 403.031 (2)-(7); 403.087(1) first sentence, and (6); 
    403.201(4) (except the phrase ``may require by rule a processing fee 
    for and''); 403.703 introductory paragraph; 403.703 (2)-(6), (8)-(28), 
    (30)-(34), (36), and (40), (42)-(44); 403.7045(1) introductory 
    paragraph, (1) (a), (b) and (d); 403.7045(2) introductory paragraph; 
    403.7045(2) (a)-(c); 403.7045(3) introductory paragraph; 403.7045(3) 
    (a)-(c); 403.72(2); 403.721(1); 403.722 (1)-(6); 403.7221; 403.724(1) 
    (except the phrase ``or corrective action''); 403.724(2); 403.728; 
    403.74 (1), (3)-(5); 403.751(1) (except (d) & (e); and (2).
        Florida Statutes, 1994 Supplement to 1993, Chapter 403: 403.031(1); 
    403.703(1); 403.7222 (1) and (2); 403.74(2).
        Florida Statutes, 1993, Chapter 404: 404.031(13).
        Copies of the Florida Statutes that are incorporated by reference 
    are available from the Florida Department of State, Division of 
    Elections, Bureau of Administrative Code, Weekly and Laws, The Elliot 
    Building, 401 South Monroe Street, Tallahassee, Florida 32399-0250.
        The regulatory provisions include:
        The Florida Administrative Code, Chapter 62-4, effective July 4, 
    1995: 62-4.070(2); 62-4.080; and 62-4.100.
        The Florida Administrative Code, Chapter 62-730, effective 
    September 7, 1995: 62-730.001; 62-730.020 (1), (3), and (4); 62-
    730.021; 62-730.030; 62-730.140; 62-730.150; 62-730.160; 62-730.161; 
    62-730.170(1); 62-730.171;
    
    [[Page 2900]]
    
    62-730.180 (1)-(5), (7), and (8); 62-730.181; 62-730.183; 62-730.185; 
    62-730.200 (except (3)); 62-730.210; 62-730.220 (1), (2), (3), (5)-(8), 
    (10), and (11); 62-730.231 (except (10)); 62-730.240 (1) and (2); 62-
    730.250; 62-730.260; 62-730.270(1) (except (1)(b)(4) and (1)(c)(3)), 
    (2), and (3); 62-730.280; 62-730.290 (except the phrase ``and submittal 
    of the appropriate permit modification fee'' at subparagraph (3)); 62-
    730.300; 62-730.320; 62-730.330; and 62-730.900.
        Copies of the Florida Administrative Code are available from the 
    Florida Department of State, Division of Elections, Bureau of 
    Administrative Code, Weekly and Laws, The Elliot Building, 401 South 
    Monroe Street, Tallahassee, Florida 32399-0250.
    * * * * *
    [FR Doc. 98-1250 Filed 1-16-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
3/23/1998
Published:
01/20/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Immediate final rule.
Document Number:
98-1250
Dates:
This document will be effective March 23, 1998 unless EPA publishes a prior Federal Register (FR) action withdrawing this immediate final rule. All comments on this action must be received by the close of business February 19, 1998. The incorporation by reference of certain Florida statutes and regulations was approved by the Director of the Federal Register as of March 23, 1998 in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51.
Pages:
2896-2900 (5 pages)
Docket Numbers:
FRL-5948-1
PDF File:
98-1250.pdf
CFR: (1)
40 CFR 272.501